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§ 726(a)(6)

In re Brown

Ruling
Appeal of granting of relief from stay dismissed due to debtor's lack of standing and inability to show reversal would lead to surplus.
Issue(s)
Was creditor that acquired mortgage from prior holder after petition date properly granted relief from stay to proceed against property that trustee planned to abandon?

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 17, 2014 , LexisNexis #0414-062

In re B&P Baird Holdings Inc.

Ruling
Debtor and shareholder lacked standing to object to trustee's settlement of claim given lack of surplus assets.
Procedural posture

The chapter 7 debtor, a corporation, filed an objection to a claim, and the chapter 7 trustee filed a motion to approve a settlement. The court considered whether the debtor and its shareholder had standing to be heard with respect to these contested matters.

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Commercial opinion summary, case decided on November 22, 2011 , LexisNexis #1211-125

In re Brown

Ruling
Debtor's motion to purchase cause of action from estate in closed case granted over objection of potential defendant.
Procedural posture

After bankruptcy debtors'case was closed, the debtors'former mortgagee filed an eviction action against the debtors and the debtors counterclaimed on the ground that the mortgagee engaged in improper debt collection activities. After the case was reopened, the trustee moved for leave to release the debtors' prepetition cause of action against the mortgagee to the debtors in exchange for a cash payment.

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opinion summary, case decided on September 01, 2006 , LexisNexis #1106-099